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  1. Hi Andy! Thanks for the info, much appreciated! I had forgotten about that case! Very useful. Are there templates for DPA breaches and/or harassment? I was convinced there was for DPA breaches but unsure as to Harassment. I found more damning info today re the company I'm issuing against and it has complicated matters even more!lol So I may have to instruct a Public Access Barrister to deal with this. Kind regards, Figgy.
  2. I am not in the position Honeybee to discuss the specifics of the case because of events that are happening imminently, which is why I have been deliberately vague at the outset. Further, I have merely asked to be pointed in the direction of Court claim templates, I can do the tailoring of the details myself, so it isn't necessary for me to go into vast detail about the case or discuss the merits of it with people. So the answer to your question is no. I will be more than happy to discuss the case at a suitable point, and I'm sure many people will find it very interesting and useful, but I am unwilling to jeopardise my case by discussing the exact nature of it when all I am actually seeking is to be pointed in the direction of the information.
  3. If anyone can, or more to the point is, happy to assist me with this legal matter I am more than willing to provide a substantial donation to the site. Time is of the essence with regards to this case and I need assistance with legal solutions, not suggestions to take the matter up with a toothless regulator. Many thanks.
  4. The ICO is one port of call, it doesn't have to be the first and it's not appropriate in this case. This dispute involves matters other than the failure to comply with the DPA and it is crucial to issue proceedings in relation to that issue as well as others. I may conceivably be mistaken, but I was sure I'd seen a template in the past for a Court claim for DPA non/partial compliance. Ii haven't seen one re harassment but I assumed one would exist as it's an endemic problem with banks, DCAs, utilities.
  5. Hi all! Can someone point me in the direction of templates for Court claims for both partial compliance with a DPA request and also a Court claim template for harassment? I have searched the site and cannot seem to find this information. Any information would be very helpful-thanks. Figgydoody.
  6. Evening Slick! Of course, understood, the amount puts the case on the Fast Track. That said, I assume I am not alone as someone having a claim in excess of 10k, by virtue of charges and claiming 24.9% restitutionary interest? Have such cases in excess of 10k proceeded to Court? Or settled before? Have any such cases gone to trial? I ask these questions because in view of the decisions of the FSA (as it was) regarding Redstone and others, it's impossible in my view for the bank to argue their charges are reasonable? There is an almost identical set of facts regarding the reasons Redstone and others were fined, and my situation. I am claiming all of the items you have listed and yes, restitutionary interest. I know you may query reclaiming legal fees. That said, under MCOBS it's unfair that the bank never offered us any solution re the arrears and forced the matter to Court. The judgment in Redstone and DB Mortgages is very clear about proceeding to legal action and not offering any real solutions to the customer! Regards, Figgydoody.
  7. No probs Slick. I don't plan to claim at the rate applied to the account, 24.9% sounds just fine to me! As you say, Sharkleys have used the money to lend at much higher rates and given us no end of grief too and therefore I think that is a reasonable rate. Any thoughts on the claim value, which is likely to be up around 20k? Regards, Figgy.
  8. Hi Slick, I think you have slightly misunderstood my point.Lol I appreciate the basis upon which one would claim restitutionary damages, my question was related to why the rate of 24.9% has been chosen? Why is that an appropriate rate to claim? I'm not saying I have any problem with it, I just want to understand why that rate as opposed to something higher or lower? On what basis has it been deemed that 24.9% is the right rate? As soon as I have fine tuned my novel arguments (lol) I will send you a PM with the details. Regards, Figgy.
  9. Hi Slick, Thanks for the information. I wanted to ask, what is the premise for seeking restitutionary interest at 24.9%? I just want to understand the reasoning behind claiming at that particular rate as opposed to a lower or higher rate? For reasons I can't go into right now (but will do so either later or by PM if you wish) I don't want to get into the specifics of the types of charges they have levied, as I am considering some novel arguments that I don't want to disclose at this stage. Total amount of charges however are in the region of 7k. That doesn't include any interest, just the innumerable unlawful fees. Regards, Figgy.
  10. Hi Slick, Yes, I think the gremlins have been having fun! The lender is sharkleys. Yes, arrears still on the account. No arrangement to clear the arrears in place, complex situation, would rather not elaborate on that. Suffice to say no action being taken by them at present. Regards, Figgy.
  11. Hi DX, Thanks for merging the threads and for all the links to the useful info-much appreciated! I have had a read of previous judgments and fines imposed by the FSA and the details certainly make for very interesting reading! Could you possibly ask Slick to take a look at the questions I've posed when he/she has a moment? Thanks. Regards, Figgy.
  12. Hi DX, Yep, same mortgage. Completely forgot I had posted the information last year!lol Could you help me out with the couple of questions I've asked in this thread? Thanks, Figgy.
  13. Hello all! I am in the process of organising a schedule of charges in relation to the mortgage; late payments, counsellor visits etc... My questions are: I am looking to claim restitutionary damages in addition to the charges applied and wanted to ask what interest rate is deemed reasonable to include in the spreadsheet? Looks like charges go back to 2005, and we've been on the SVR for the past at least 7 years. I'm not sure exactly what rate was charged though. The other question is, I have read with interest the financial penalties that were imposed on companies by the FSA (as it was) for levying such charges, and that obviously bolsters one's argument for the repayment of said charges. If, for some reason my claim was rejected, do the MCOB rules have a provision for taking your lender to Court re unfair treatment, just as BCOBS does? I have no problem taking the matter to Court if necessary (will avoid the Ombudsman at all costs), but I was wondering is it dependent on which lender it is that will determine how amenable they are to settle? All advice appreciated! Figgydoody.
  14. Hi Ims, You have misunderstood the point I am making. The primary issue is PPI mis-selling (or misrepresentation to give it its legal description) and I am not disagreeing with you on that matter. But just because a dispute starts out as one thing i.e. PPI mis-selling, does not mean that the bank isn't culpable in other areas of law regarding their conduct. I have raised the issue of Fraud and you have dismissed it out of hand but did not explain why? Looking at the Fraud Act 2006, there would seem to be arguments one could put forward re Fraud by False Representation, Fraud by Failing to Disclose Information, (possibly) and certainly Fraud by Abuse of Position. The provisions of the Fraud Act 2006 are very clear and certain provisions would appear to be applicable to my Uncle's case. I am not stating that as a definitive, merely proffering it as a possibility. How something appears and proving it are of course two entirely different things, but I think it would be rather short sighted not to look at how the bank has acted overall in a given situation. They should not be allowed to escape responsibility for their wrongdoings, by simply paying what is owed and then a line being drawn under the matter. That's why the FSA/FCA have fined financial organisations huge sums of money in addition to the banks having to put disputes right, to make the point that they cannot act with impunity and get away with it. My Uncle's intention is to address the dispute with the bank, and then forward his p/work to the FCA and suggest they look at possible issues of Fraud and any other areas of wrongdoing that seem applicable. I have told him that the FCA don't investigate individual issues, but I know they collate details from the experiences people have had with banks etc.. My Uncle has sent off a DPA request, waiting for the information. He has some statements, a couple going back to 1996. As his wife has kept the cheque stubs for all the payments made to this card from the beginning, surely the PPI portion of the payment made each month can be calculated from that information? Further, as there is cogent evidence of the payments made to the card, it isn't strictly necessary to have all the statements is it? There will be the question as to what the relevant interest rate was at various times, but perhaps with some research, chatting to others with RBS PPI issues, and taking a reasonable approach as to what interest rate to plump for if no evidence is available will be sufficient? The bank have given a written undertaking to my Uncle that they have discharged the debt. They did this entirely of their own volition, I fail to see on what legal basis they could use their right to set-off, in view of what they've done. Kind regards, Figgy.
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